Law Library Volume 36

Law Library Volume 36

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1842 edition. Excerpt: commit. V 3-. ' So it is a breach of an injunction staying proceedings at law, to lodge with the sheriff an attachment for non-payment of costs, although such costs may have been actually taxed before the issuing of the injunction. And 'though the court should see that if the circumstances of the case had been fully explained to it at the time when the injunction was tfgranted, it would not have been M04 so extensive, it is nevertheless a breach; but in such a case the court will, as in the last case, refuse to commit the defendant for contempt, and will content itself with making hitn pay the costs occasioned by the breach, and by the motion for committal.(c) So if a creditor proceed at law against an executor, after notice of a decree against the latter to account, it is so far a contempt of court, that, upon a motion for an injunction to restrain further proceedings at law, the court will refuse the creditor the costs of the further proceedings at law, and the costs of the application.(d) This is in another form the rule already stated. that on a motion in a creditor's suit to restrain the creditor, he will have his costs at law until notice of the decree in equity, but not further; and the costs of the niotion will depend upon whether he had then notice of theidecree. 6. It must be observed, that although the common injunction obtained before any proceedings at law are commenced, stays all proceedings at law, the party entitled to that advantage may lose it by laches. Thus in a case where the common injunction issued on the 21st February, and declaration in ejectment was served on the 19th May following, and the plaintiffin equity appeared, and pleaded to the action and took other defensive steps, and suffered notice of...
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Product details

  • Paperback | 244 pages
  • 189 x 246 x 13mm | 440g
  • United States
  • English
  • black & white illustrations
  • 1236975979
  • 9781236975973